WAIVER, RELEASE, and DECLARTION
IMPORTANT! This is a binding legal Agreement. Read it CAREFULLY before signing. By signing this Agreement, you are giving up important legal rights.
a. Activities: Any activity, competition, challenge, or unique shooting experience, by whatever name, offered by Sponsors.
b. Claims: any and all legal claims, lawsuits, causes of action, damages, expenses, injuries or costs. This includes, but is not limited to, claims for intentional acts, negligence, Illness, nuisance, noise, damage/theft/loss/destruction of personal and business property, use/possession/transfer /receipt of any Prize or any other legal claim that is cognizable in a state or federal court of law, regardless of whether related to your participation in Activities offered by or use of or being on Property of Sponsors.
c. Company / Organization: any and all corporate or organizational entities having some business or charitable purpose, including, but not limited to, any partnership, limited liability company, corporation, non-profit, fictitious entity or individual, which are involved in, associated with or represent the Firearm, Ammunition or Explosive Industries, whether foreign or domestic.
d. Event: Sponsors’ Machine Gun Shoot and Activities.
e. Illness: Any illness, disease, sickness, or condition, of any form, nature, and cause, including, but not limited to, any flu, COVID-19, cold, or other communicable diseases, illness, sickness, or condition, fever, stomach distress, and food poisoning.
f. Limitations: physical, mental, emotional or other limitations, disabilities, Illnesses, injuries or conditions.
g. Minor Child / Ward: Any minor, who is under the charge, care, or protection of a Participant / Guest / Observer, and includes that minor’s parents, estate, heirs, successors and assigns.
h. Participant / Guest / Observer: Any individual, whether a participant, guest, or observer of Sponsors, including, but not limited to, participants, guests, observers, members, non-members, event coordinators, range officers, instructors, shooters, role players, volunteers, or any other person, regardless of age, granted permission to participate in Activities, observe Activities, or use or otherwise be on the Property of Sponsors.
i. Prize: Any Property offered or otherwise provided by Sponsors in relation to any Activities.
j. Property: Any property of any form, tangible or intangible, including, but not limited to, real estate, buildings, erections, Range, goods, products, firearms, ammunition, firearm accessories, knives, or any object owned, leased or rented, whether wholly or partially, by any Sponsors.
k. Range: any and all shooting, training and practice ranges, including, but not limited to, firing ranges, tactical/dynamic ranges, virtual ranges and simulators, combatives training range and shoot house, whether used for lethal, non-lethal or virtual fire or training, in any capacity.
l. Receiving Party: Any Participant / Guest / Observer, over the age of 21, who is deemed, in the sole and absolute discretion of Shooters Gauntlet, LLC, to be the winner of any Prize, including, but not limited to, a firearm or ammunition, as a result of the Participant / Guest / Observer partaking in any Activities.
m. Sponsors: Firearms Industry Consulting Group (FICG), Civil Rights Defense Firm, P.C., Prince Law Offices, P.C., Shooters Gauntlet, LLC (SG), Stone Mountain Tactical, LLC, Stone Mountain Resort, LLC, Vendors at the Event, and donors/modifiers/alterers of any Prize, and all of their respective officers, officials, directors, members, owners, shareholders, employees, agents, attorneys, insurers, lessors, renters, representatives, volunteers, gunsmiths, event and stage coordinators and designers, match personnel and directors, firearm instructors of any form, including, but not limited to, CMP, IDPA, IPSC and NRA instructors and range and firearm safety officers, and any legal entity having any interest or right in any Property utilized, offered or provided by Sponsors.
n. Vendors: Any Company / Organization offering any tangible or intangible goods or services to any Participant / Guest / Observer attending the Event. This includes, but is not limited to, all firearm, ammunition, explosive, target and accessory manufacturers, dealers, importers, training companies, law firms, and those, in any context, which are involved in, associated with or represent the Firearm, Ammunition or Explosive Industries, whether foreign or domestic.
2. Agreement to Follow All Safety Rules and Directions: In consideration for me being permitted to be a Participant / Guest / Observer and my being permitted to have access to or use of the Property of Sponsors or otherwise being eligible to partake in any Activities, I, (Participant / Guest / Observer) hereby AGREE TO FOLLOW AND COMPLY WITH the written safety rules provided to me with this Agreement, as well as all safety rules, range procedures, and directions, whether written or oral, of Sponsors. I further agree that if I observe any safety violation by anyone (member, participant, non-participant, guest, observer, or other person), or any unsafe condition of any kind, I will IMMEDIATELY call it to Sponsors’ attention by contacting the nearest Range Safety Officer. I further agree that my participation in or attendance at the Sponsors’ Event or any of Sponsors’ Activities may be terminated at any time by Robert Raimo of Shooters Gauntlet, LLC, if I violate any safety rule, procedure or direction, in which case, any fees paid will not be refunded to me.
3. Non-Prohibited Person and Conduct Declaration: By signing this Agreement, I declare, pursuant to 18 PA.C.S. § 4903 – False Swearing, to the best of my knowledge, information and belief that:
a. I am over eighteen (18) years of age, or if under 18, my parent(s) or guardian(s) signing this form are over eighteen (18) years of age.
b. If participating in any Activities, I am over twenty-one (21) years of age.
c. I am not currently under indictment or information in any court of a crime that could be punished by more than one year in jail.
d. I have never been convicted in any court of a crime that could have been punished by more than one year in jail, regardless of the actual sentence imposed.
e. I am not a fugitive from justice.
f. I am not an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance.
g. I am not under the influence of alcohol or any lawful drug that may impair my abilities and I have not consumed any alcohol or lawful drug that may impair my abilities within the last twelve (12) hours.
h. I have never been adjudicated mentally defective or committed to a mental institution.
i. I have never been dishonorably discharged from the Armed Forces.
j. I am not subject to a court order restraining me from harassing, stalking, or threatening my child or an intimate partner or child of such a partner.
k. I have never been convicted in any court of a misdemeanor crime of domestic violence.
l. I have never renounced my United States citizenship.
m. I am not an alien illegally in the United States.
n. I am not suffering from any Illness.
o. I have no unlawful, illegal, wrongful or otherwise deceitful intentions, including homicidal or suicidal ideations, in executing this Agreement, in utilizing Sponsors’ Property and in participating, if applicable, in any Activities offered by Sponsors.
p. If I am determined to be the Receiving Party, I will not use any Prize won for any unlawful, illegal, or wrongful acts, including, but not limited to, suicide or unjustifiable homicide, unlawful transfer, or provide access to the Prize by any person prohibited under federal, state or local law.
4. Advice and Training: I understand that any training, guidance, advice, or suggestions of Sponsors shall not be construed as legal advice, including, but not limited to, on whether any particular action or inaction is justified or lawful under the law. I agree to seek out competent legal advice for all legal questions and not rely on any statements made by Sponsors.
5. Release of My Image, Likeness, and Auditory Communications: I understand that my activities, including auditory communications, at Sponsors’ Event and during Sponsors’ Activities may be photographed, videotaped and/or otherwise captured electronically by Sponsors. I hereby grant Sponsors all rights to use my image, likeness, and auditory communications for the purpose of advertising or otherwise promoting its purpose. I understand that use of my image, likeness, and auditory communications will be for advertising or otherwise promoting of Sponsors’ purposes. This use includes publishing in magazines, advertisements, videos, internet websites or other means, as long as it is not altered to show other than actual activities in a way that could be harmful to my character. All publications will be done tastefully and with integrity. I FORFEIT any and all rights to any CLAIMS relating to the use of my image or likeness, as described above. All photographs, videos, or other electronically captured media taken at Sponsors’ Event remain the property of Shooters Gauntlet, LLC, and may not be used or reproduced without the express written permission of Shooters Gauntlet, LLC.
6. Auditory Recordings: I understand that my auditory communications before, during, and after the Event and Activities may be recorded and grant permission to Sponsors to record all of my auditory communications.
7. Participation in Activities: To be eligible to partake in any Activities and the potential to be declared the Receiving Party for any such Activities, I agree to the following:
a. The Receiving Party shall be determine by Shooters Gauntlet, LLC, in its sole and absolute discretion and I WAIVE any CLAIMS to challenge or otherwise question, in any manner, Shooter Gauntlet, LLC’s determination as to whom shall constitute the Receiving Party. I understand that Shooters Gauntlet, LLC may miscalculate or otherwise mis-determine the Receiving Party and agree that Shooters Gauntlet, LLC may rescind, without my having recourse, a determination of myself constituting the Receiving Party within 48 hours of the initial determination being made.
b. While Shooters Gauntlet, LLC shall be responsible, if applicable, for one transfer fee, per Prize if a firearm, I shall be responsible for all federal, state, and local taxes related to any prize for which I am determined to be the Receiving Party.
c. In the event I am determined to be the Receiving Party of a Prize which is a firearm and I am denied during the transfer of that Prize by any law enforcement agency or the Federal Firearms Licensee conducting the transfer and am unable to have the denial overturned within thirty (30) days, I FORFEIT the Prize and any CLAIMS related thereto and agree that the Prize shall remain the sole and exclusive property of Shooters Gauntlet, LLC.
d. In the event I am determined to be the Receiving Party of a Prize, I agree that I will not use any Prize won for any unlawful, illegal, or wrongful acts, including, but not limited to, suicide or unjustifiable homicide.
8. Assumption of Risk: I understand that my being a Participant / Guest / Observer of Sponsors and/or use of Sponsors’ Property and/or partaking in Sponsors’ Activities as a Participant / Guest / Observer involves numerous serious risks, including the risk of death, serious and non-serious physical and mental injury, Illness, and property damage. These risks involve, but are not limited to, the risk that I may be injured by: shooting myself or being shot by someone else; being bruised, cut, scratched, hit, kicked, punched kneed, elbowed or otherwise physically injured in any form; being injured by ricochet bullets or fragments, splatter or splashback from targets, target frames or the range backstop; malfunctioning or improperly designed activity and range equipment or props; improper installation or attachment of protective equipment or devices; risk of firearms or ammunition exploding or bursting; non-lethal rounds causing injury, including serious, and non-serious bodily injury and death; live ammunition in advertently being used instead of non-lethal rounds; risk of my falling, slipping, tripping or stumbling anywhere on Sponsors’ Property; risk of my suffering serious eye injury or blindness, hearing loss or deafness, brain damage, lead poisoning, broken bones, paralysis, sprains, strains, and other injuries resulting from use of Sponsors’ Property and the associated activities; risk of emotional and psychological injury; risk of contracting or suffering from Illness, which may cause serious and non-serious symptoms and death; risk of my suffering injuries or destruction of my property from wildlife; risk of damage or destruction of my personal property, including my vehicle; risk of incurring serious and non-serious bodily injury or death from my use of any Prize won through any Activities; risk of incurring serious and non-serious bodily injury or death from improper modifications or alterations performed by Sponsors or Vendors on any Prize won through any Activities; and other risks too varied and numerous to specify. By willingly, knowingly and voluntarily being a Participant / Guest / Observer of Sponsors’ Event or otherwise being permitted to use the Property of Sponsors or, if applicable, by partaking in Sponsors’ Activities, I hereby ASSUME ALL RISKS involved, including EVEN THOSE, WHICH MAY BE CAUSED BY THE NEGLIGENCE OR CLAIMED NEGLIGENCE OF SPONSORS.
9. Release: I further agree to RELEASE SPONSORS from LIABILITY for any and all Claims, which may result from, or are in any way related to, Sponsors or their respective Property. I agree to RELEASE SPONSORS from LIABILITY for any and all CLAIMS, even if caused by the NEGLIGENCE or CLAIMED NEGLIGENCE of SPONSORS, or CLAIMS not related to my use of the SPONSORS’ PROPERTY, including for Illness, noise, and nuisance.
10. Indemnity Agreement: I further agree to INDEMNIFY and DEFEND SPONSORS AND HOLD SPONSORS HARMLESS from any Claims, whether brought by or on behalf of me, or brought by another, including, but not limited to, a spouse, child, other relative or other Participant / Guest / Observer, as a result of, but not limited to, actual or claimed negligence, Illness, or other improper conduct. I also agree to be responsible for all attorney fees and costs incurred by Sponsors in having to enforce and/or defend this Agreement.
11. General Conditions:
a. I agree that all matters arising out of or anyway relating to this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without giving effect to its conflicts of law provisions. Any claim or cause of action arising in connection with this Agreement may only be brought in the Court of Common Pleas of Bradford County, Pennsylvania.
b. To the extent that any provision of this Agreement is held to conflict with or be unenforceable under applicable law, I agree that this Agreement shall be modified by the Court to the least extent possible to render it enforceable and shall be enforced as so modified.
c. I declare that this Agreement contains the total agreement and understanding between myself and Sponsors with regard to the subject matter hereof, that there exist no other promises, representations, terms, conditions, agreements or courses of dealing not contained herein. I further declare and agree that, in any event, this Agreement supersedes any such promises, agreements, etc. in the event they ever occurred. This Agreement may not be amended or changed except in writing signed by Robert Raimo and Joshua Prince, Esq.
d. I declare that my participation in Sponsors’ Event or use of Sponsors’ Property is purely voluntary, and that I am compelled neither to participate in, attend, or observe Sponsors’ Event nor to execute this Agreement.
WHEREFORE, I HEREBY ACKNOWLEDGE AND AGREE BY MY SIGNATURE BELOW that I have read and understood this Agreement, including the within (1) Terms, (2) Agreement to Follow All Safety Rules and Directions, (3) Non-Prohibited Person and Conduct Declaration, (4) Advice and Training, (5) Release of My Image and Likeness, (6) Auditory Recordings, (7) Participation in Activities, (8) Assumption of Risk, (9) Release, (10) Indemnity Agreement and (11) General Conditions, and that by signing it, I expressly intend to be legally bound, as well as to bind my spouse, children, relatives, estate, heirs, successors and assigns. I further agree that this Agreement shall remain in force indefinitely.